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Point of Law

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Articles

Point of Law: The Limits of Electronic Searches

Can an individual be prosecuted for despicable criminal conduct based on evidence obtained in violation of the United States Constitution? Ultimately, the Ninth Circuit judges wrote, “In the circumstances of this case (United States v. Holcomb, 23-469 (9th Cir. 2025)), respect for the Constitution and the rule of law requires an answer of “no.”

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Newsby Staff WriterMarch 17, 2021

2 Chauvin Trial Jurors Dismissed After Admitting City's Settlement with Floyd Family Makes Them Biased

Hennepin County District Judge Peter Cahill removed the two who said under his questioning they had heard about a federal lawsuit settlement reached last week and admitted it affected their ability to presume Chauvin is innocent during the course of the trial.

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Newsby Staff WriterMarch 15, 2021

Chauvin's Attorney Requests Venue Change, Continuance After Settlement Paid to Floyd's Family

Eric Nelson, Chauvin’s defense attorney, questioned the “suspicious timing” of the settlement and argued it was “highly prejudicial” against his client. He called on Hennepin County District Court Judge Peter A. Cahill to “at least” call back the jurors already seated in the case to question them to see if they had read the news of the settlement and if they could continue to be impartial in the case.

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Newsby Staff WriterMarch 12, 2021

Kentucky Senate Passes Bill That Could Criminalize Taunting Officers

Under the legislation, anyone who "accosts, insults, taunts, or challenges a law enforcement officer with offensive or derisive words, or by gestures or other physical contact, that would have a direct tendency to provoke a violent response" would be guilty of a misdemeanor and face up to 90 days in jail and fines.

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Newsby Staff WriterMarch 12, 2021

George Floyd's Family Settles with Minneapolis for $27 Million

“I think it’s a potential disaster for (former officer Derek) Chauvin,” said Mary Moriarty, former chief Hennepin County public defender. She said if she were Chauvin’s attorney, she would request a mistrial.

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Newsby Staff WriterMarch 11, 2021

Austin Officer Charged with Murder Over On-Duty Shooting

Mike Ramos was the subject of a call about a man with a gun using drugs when police confronted him in the parking lot of an Austin apartment complex last April.

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Newsby Staff WriterMarch 11, 2021

Chauvin Now Facing Third-Degree Murder Charge

The decision was a victory for prosecutors who had sought to re-add the charge against Derek Chauvin, the officer filmed with his knee on George Floyd’s neck during an arrest last May. He is already charged with second-degree murder and second-degree manslaughter in the Floyd's death.

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Newsby Staff WriterMarch 10, 2021

Family of Man who Died After Arrest Sues Rochester, Individual Officers

In a 27-page complaint, the family says that Daniel Prude's death, and alleged attempts by the department and city officials to later cover it up, violated his constitutional rights protecting against unreasonable search and seizure. Officials also failed to adequately respond to his medical condition, the complaint states.

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Newsby Staff WriterMarch 9, 2021

4 L.A. County Deputies May Be Identified in Lawsuit by Kobe Bryant's Widow

U.S. District Judge John F. Walter ruled against county attorneys who argued the deputies' names should remain under seal because releasing them would make their personal information, including addresses, accessible online and possibly make them targets for hackers.

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Newsby Staff WriterMarch 3, 2021

Democratic Leaders in Congress Pushing for End of Qualified Immunity

Rep. Ayanna Pressley (D-MA) and former Rep. Justin Amash, a Libertarian from Michigan, first introduced the legislation last year in the wake of anti-police protests and riots following the in-custody death of George Floyd.

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Articlesby Eric DaigleMarch 3, 2021

Point of Law: Excessive Force and Failure to Intervene

In Alston v. Swarbrick, Florida deputies faced potential claims of wrongful arrest, unreasonable use of OC spray, and "bystander liability."

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